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HomeMy WebLinkAboutNCC200166_ESC Approval Submitted_20200123ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Water & Land Solutions, LLC ATTN: Kayne Van Stell, VP 7721 Six Forks Rd., Suite 130 Raleigh, NC 27615 NORTH CAROL NA EaWm"enta! Quality September 4, 2019 LETTER OF APPROVAL RE: Project Name: Horne Creek Tributaries Mitigation Project Acres Approved: 17.3 Project ID: SURRY-2020-007 County: Surry City: Pinnacle Address: Kiger Rd. River Basin: Yadkin - Pee Dee Stream Classification: WSAV Submitted By: Water & Land Solutions, LLC Date Received by LQS: August 23, 2019 Plan Type: New Dear Sir or Madam: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan shall expire three (3) _ years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 413.0129. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project. The NOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the NOI form to Annette Lucas at Annette.lucasPncdennizov_ or Paul Clark at Paul.clark@ncdenr.gov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCG01 permit. However, a $100 fee will soon be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. LWNorth ca.nrou �ewrtmrnc or �mtrmmmtr �aBtr onn.bn or Energy. ana Lmd Reso�rm %%Won Se4m R O.W OM., 460 H&ws N0 Road & tte 300 WtmWwSW= N*nh Q"Am Z= Letter of Approval Water & Land Solutions, LLC September 4, 2019 Page 2 of 2 Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCG01 permit and the COC, once it is received. 3. Records of inspections made during the previous 30 days. Also, this letter gives the notice required by G.S.113A-61.1(a) of our right of periodic inspection to ensure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements -of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, 4AM� 4 Zachary Le , El Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval NCG01 Fact Sheet cc: WSRO File G" 0 = "C 4 O y y , �..0 Ima O ..Y O 1�1 �••� • pm rn pm-4pr b 0 . � W d Piz PC m ,d ,o U o °� oQn o -Ww� � .PM W .� MO 00 y %ftwl N o O W � ��� 4.j lw z��� W Pm O •� n`�'i a I�■I ;w V c 0 � a� a +, •� >PC v � � � b O i•� � !�A O • c�, p"� o ..� A O Fact Sheet on the New NCG01 Permit April 2019 The NC Construction General Permit (also known as "NCG01") was renewed on April 1, 2019. The updated permit does not significantly change the measures that are required to be implemented on construction sites. However, there are some organizational and technical updates to the permit as described below. Most notably, there is a new process in which construction sites will obtain official coverage under an NCG01 permit through an electronic process. DEMLR worked with a broad team of stakeholders to make all of these updates. If you have questions, contact Annette Lucas at Annette.lucas@ncdenr.gov or (919) 707-3539. Organizational Updates The new permit: • Repeats state requirements for E&SC Plans and organizes them with federal construction activity requirements; • Is clearly organized by topic; and • Has less text and more tables. Technical Updates The new permit: . Requires that the E&SC Plan meet SWPPP requirements (p. 2); • Provides a list of items that must be included in the SWPPP, such as the construction sequence, plans, calculations, etc. (p. 2-4);' • Has updated language on bypasses and upsets that is tailored to construction activities (p. 10); • Puts all timeframes for inspections, record -keeping and reporting in "calendar days" for clarity and consistency (p. 11-14);2 • Changes the inspection frequency (during business hours) to at least once per 7 calendar days and after every storm > 1.0 inch (previously 0.5 inch);' and • Excludes weekends, state and federal holidays from normal business hours unless construction activities take place (p. 23). This list is based on website guidance by the DEMLR Sediment Program. The number of calendar days was selected to be as equivalent as possible with the previous permit. The intent is to provide predictability to the inspection schedule. Acronyms to Know COC: Certificate of Coverage, proof of coverage under an NCGO1 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e-NOI: Notice of Intent, application form for the NCG01 permit e-NOT: Notice of Termination, form for closing out the NCG01 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 The NCGO1 Process The new NCG01 applies to permits approved on or after April 1, 2019. Permittees will no longer receive a copy of the NCGO1 permit in the mail with their E&SC Plan approvals and be considered as covered under the permit. Federal rules require that DEMLR receive an NOI on each construction project and issue each construction project its own COC. Under the new NCG01 process, construction sites will continue to receive approval for E&SC Plans from either DEMLR or the delegated local E&SC program just like before. After receiving E&SC Plan approval, permittees will officially obtain coverage under the NCG01 by completing an a-NOI (available at dea.nc.eov/NCG01). The a-N01 will only take about 20 minutes to fill out and submit on-line. Initially, there will be no charge associated with applying for an NCG01 permit but on or around June 1, 2019, DEMLR will begin charging a $100 annual general permit fee as required per §143-215.3D. DEMLR is working on creating a single application form that will allow an applicant to simultaneously apply for an E&SC permit and an NCG01 COC. That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NCG01 Permit Why do construction sites have to do this extra application step? DEMLR is required by the EPA to issue a specific COC to every construction site that disturbs one acre or more. DEMLR is working to create a form that combines the E&SC plan approval and a-NOi processes, but that will take more time. For now, DEMLR has created an efficient a-NOI process. If an E&SC Plan is approved before April 1, which permit applies? Projects with already approved E&SC Plans will automatically follow the new NCG01 permit, but will not need to fill out an a-NOI or pay an annual permit fee. However, the permittees should print the new permit and the two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at dea.nc.gov/NCG01 that can be placed into the E&SC plan set. The first covers the site stabilization and materials handling portions of the permit. The second sheet covers the inspection, record -keeping and reporting portions of the permit. How will the new a-NOI submittal and COC process work? Permittees will apply for E&SC Plan approvals from either DEMLR or the delegated local E&SC program like before. The E&SC approval letter will instruct the permittee to visit dea.nc.gov/NCG01 to submit an a-NOI form to DEM LR. The permittee may begin the construction activity after submittal of the a-NOI. The permittee is required to print a copy of the permit and retain it on site. Initially, the COC will be issued for free but on or around June 1, 2019, a $100 annual general permit fee will be charged. Who is allowed to submit an a-NOI form? Submittal must be by a responsible corporate officer that owns or operates the activity, such as a president, secretary, treasurer, or vice president or a manager that is authorized in accordance with IV.13.6 of the NCG01 permit. Additional signatory options are set forth in IV.B.6 of the permit. It is possible for consultant to prepare the a-NOI, save it as a draft, and email it to the responsible entity for signature & submittal. What happens to the COC when the construction activity is complete? When a project is complete, the permittees will contact DEMLR or the local delegated program to close out the E&SC Plan. After DEMLR or the local E&SC program inform the permittee of the project close out via inspection report, the permittee will visit dea.nc.eov/NCG01 to submit an a -NOT. Will there be a grace period for adherence to the new process? DEMLR does not have the authority to grant a grace period from a federally mandated permit. Permittees will be informed of the new process via web site, E&SC Plan approval letters and list servs. If a construction activity disturbs one acre or more (or is part of common plan of development that disturbs one acre or more) fails to submit an a-NO1 after approval of its E&SC Plan, this is a violation of federal permitting requirements and the permittee could be subject to a penalty assessment. How does the new NCG01 affect the delegated local E&SC Programs? Local programs will continue to review and approve E&SC plans. However, they will no longer send copies of the NCGDI with E&SC Plan approvals. DEMLR will provide sample language to use in local E&SC Plan approvals to advise permittees that they must :'submit an a-NO1 to DEMLR. i Local programs are not required to check if permittees have submitted e- NOls to DEMLR. However, if they wish to do this voluntarily, there will be a tool available on DEMLR's web site for them to view a list of construction projects that have submitted a-NOIs. When local programs close out an E&SC Plan, the close-out letter will advise permittees that they must submit an e- NOT. DEMLR will provide sample language. Local programs may approve E&SC plans that meet state sediment laws and rules even if those plans are not compliant with all of the NCG01 requirements. However, their permittees will be required to add two plan sheets (which will be provided by DEMLR) to their E&SC Plans to ensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion of the NCG01 permit. Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Gommor NUCHAEL S. REGAN sec"m y TRACY DAVIS Director Announcement of Combined Self -Monitoring and Self -inspection Form 1. The Sedimentation Pollution Control Act was amended in 2006 to require that persons responsible for land -disturbing activities inspect a project after each phase of the project to make sure that the approved erosion and sedimentation control plan is being followed. Rules detailing the documentation of these inspections became effective October 1, 2010. To simplify document of Self -Inspection Reports and NPDES Self -Monitoring Reports, a combined form is now available. The new form was developed to satisfy the requirements of the Sedimentation Pollution Control Act and the NPDES Stormwater Permit for Construction Activities, NCG 010000. Beginning August 1, 2013, the Division of Energy, Mineral, and Land Resources is responsible for administering both the SPCA and the NPDES Stormwater Permit for Construction Activities NCG 010000. The combined form,should make it easier to comply with self -inspection requirements. The Combined Self -Monitoring form is available as a PDF and Word document from the Land Quality web site. httP://Porta1.ncdenr.org/web/Ir/erosion If you have questions, please contact the Land Quality Section at a DEQ Regional Office State of North Carohoa ; Fnviroomental Quality ; Energy. Mineral and Land Resources 450 Wat Hanes Mal Road Suite 300 1 Winston-Salem, NC 27105 336 776.9800 Phone/ 336 776-9797 FAX